Civ Pro - Ca -- Jurisdiction/venue*

Front 1

CA Personal Jurisdiction

Back 1

1) Statutorily allowed
2) Constitutional?

Front 2

CA Personal Jurisdiction --
My Parents Frequently Forgot to Read Children's Stories

Back 2

Minimum Contacts
--Purposeful Availment
--Foreseeability

Fair Play & Substantial Justice
--Relatedness
--Convenience
--State's Interest

Front 3

CA Personal Jursidiction --
Statutory Analysis

Back 3

Statute reaches the constitutional limit.

Front 4

CA Personal Jurisdiction --
Constitutional Analysis

Back 4

Such minimum contacts with the forum so that exercies of jurisdiction does not offend traditional notions of fair play and substantial justice.
Factors:
1)Contact -- purposeful availment, foreseeable
2) Fairness -- Relatedness, Convenience, State's Interest

Front 5

CA Personal Jurisdiction -- Purposeful Availment

Back 5

Defendant must reach out to the forum.

Front 6

CA Personal Jurisdiction -- Forseeability

Back 6

Foreseeabile that Defendant could get sued in this forum

Front 7

CA Personal Jurisdiction -- Relatedness

Back 7

Does Plaintiff's claim arise from Defendant's conduct with the forum?

YES --> Specific PJ
NO --> General PJ (continuous systematic ties with forum)

Front 8

CA Personal Jurisdiction -- Covenience

Back 8

Defendant put in a severe disadvantage in the litigation?

Front 9

CA Personal Jurisdiction -- State's Interest

Back 9

Providing forum for its citizens

Front 10

CA Subject Matter -- Limited Civil Case

Back 10

CA SUPERIOR

Amount in controversy does not exceed $25,000.

Court cannot: grant prelim injunction, declaratory judgment, determine title to land, limited discovery, special demurrer, NO CLAIMANT MAY CLAIM MORE THAN $25,000

***must label on caption page of complaint***

***STATE COURT HAS UNLIMITED JURISDICTION***

Front 11

CA Subject Matter -- Unlimited Civil Case

Back 11

Exceeds $25,000

any claimant can seek any amount

***STATE COURT HAS UNLIMITED JURISDICTION***

--no need to label on caption page--

Front 12

CA Subject Matter -- Small Claims

Back 12

Plaintiff an individual? Claim = $7,500 or less

Plaintiff an entity? Claim = $5,000 or less

Front 13

CA Subject Matter -- Reclassification

Back 13

Can be:
Automatic -- clerk does

On Motion - 1) notice to all parties 2) hearing
--no trial, can look beyond pleadings (MUST look at judicial arbitration award)

Front 14

CA Subject Matter -- Reclassification Standards

Back 14

Unlimited to Limited -->

-Necessarily resultant verdict of $25,000 OR more than $25,000 victory virtually unobtainable


Limited to Unlimited -->

--Possibiliity ov verdict will exceed $25,000

Front 15

CA Subject Matter -- Effect of multiple claims

Back 15

All or nothing

Front 16

CA Venue -- non-businesses

Back 16

Appropriate county

Local action --> land related = in the county where the land lies

Transitory --> venue OK in a county where any defendant resides when the case is filed, where K entered or be performed, where injury occurred

No defendant a resident of CA --> venue ok in any county in CA

Front 17

CA Venue -- businesses

Back 17

Corporation --
1) PPB OR
2) Entered OR to be performed OR
3) Where breach occurred/liability arises


Incorporated -- 1) PPB on file with SOS OR
2) where any partner/member resides

Front 18

CA Venue -- transfer

Back 18

If venue IMPROPER --> with or before 1) answer 2) demurrerr 3) motion to strike

If venue PROPER --> IF 1) possibility of impartial trial judge
2) no qualified judges
2) convenience of witnesses

Front 19

CA Incovenient Forum

Back 19

Court can STAY OR DISMISS motion; on its own

"in the interest of substantial justice"
--same factors as Federal court look to Private and Public Factors

--PUBLIC FACTORS: what law applies, what community should be burdened with jury service, keeping local controversy in local court

PRIVATE FACTORS: convenience (e.g., where are witnesses and evidence?)